Disposed

Vijayaragavan v. the State Rep by

Madras HC8 Jun 2020HCP/813/2020

Case brief

AI extract

What is this about?

Petitioner filed a Habeas Corpus petition for production of his missing daughter before this Court. Considering the lockdown, the Court directed police to secure her and produce her before the Principal District Judge, Thiruvarur, instead of bringing her to Chennai. Liberty granted to restore if effective steps not taken within two weeks.

What did the court decide?

Directed respondents to secure the detenue and produce her before the Principal District Judge, Thiruvarur within two weeks, with liberty to restore application if not done.

Vijayaragavan Vs the State Rep by — Writ and Judicial Review | Madras HC (2020)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 08.06.2020

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CORAM

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THE HONOURABLE MR. JUSTICE T.S.SIVAGNANAM

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AND

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THE HONOURABLE MRS. JUSTICE PUSHPA SATHYANARAYANA

H.C.P.No.813 of 2020

Vijayaragavan

.. Petitioner

Vs.

State Rep. by :

The Superintendent of Police, Thiruvarur, Thiruvarur District.

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The Inspector of Police, Peralam Police Station, Thiruvarur District.

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.. Respondents

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Prayer : Writ Petition filed under Article 226 of the Constitution of India praying for a Writ of Habeas Corpus directing the respondents herein to produce the body of the petitioner's daughter Aniniya, D/o.Vijayaragagan, aged 20 years, before this Court and set her at liberty.

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For Petitioner : Mr.R.Jayaprathap

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For Respondents: Mrs.M.Prabhavathi, Additional Public Prosecutor

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O R D E R

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(Order of the Court was passed by T.S.SIVAGNANAM, J.)

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We have heard Mr.R.Jayaprathap, learned counsel for the petitioner and Mrs.Prabhavathi Ram, learned Additional Public Prosecutor appearing for the respondents.

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The petitioner is the father of the detenue, who is stated to be aged about 20 years. This petition has been filed alleging that on 05.5.2020, the detenue left their house at 12 Noon stating that she wanted to take the transfer certificate and mark sheet to attend college. Thereafter, she did not return home. It is further stated that the detenue is pursuing her

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https://hcservices.ecourts.gov.in/hcservices/

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B.Com in SRM College, Chennai and since the detenue’s whereabouts are not known, the petitioner lodged a complaint before the second respondent – police, which has been registered as Cr.No.879 of 2020. Alleging that no action has been taken against the same, the petitioner has moved this habeas corpus petition.

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The learned Additional Public Prosecutor, on instructions, would submit that the respondents are taking effect steps to trace the detenue and in all probabilities, the detenue will be secured within a short time.

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Considering the present situation due to lockdown, it would be unsafe for the detenue to be brought to Chennai. It would be impossible if she is to be brought to Chennai and it would not be proper for the petitioner to travel to Chennai.

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Hence, the above habeas corpus petition is disposed of by directing the respondents to take effective steps to secure the detenue and produce her before the learned Principal District Judge, Thiruvarur. On production of the detenue, the learned Principal District Judge, Thiruvarur shall notify the petitioner, who, in turn, shall appear before him and thereafter the decision is left to the detenue, as she is a major. As we are disposing of the main habeas corpus petition, the respondents shall take effective steps to secure the detenue. It is made clear that if no effective steps are taken within a period of two weeks from today, we grant liberty to the learned counsel for the petitioner to restore this habeas corpus petition. The learned Additional Public Prosecutor shall intimate to the respondents today itself about this order without waiting for a copy of this order.

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Sd/-

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Assistant Registrar (CS-VI)

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//True Copy//

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Sub Assistant Registrar

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RS/GG

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The Superintendent of Police, Thiruvarur, Thiruvarur District.

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The Inspector of Police, Peralam Police Station, Thiruvarur District.

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https://hcservices.ecourts.gov.in/hcservices/

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3.The Principal District Judge, Thiruvarur.

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The Public Prosecutor, High Court, Madras.

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H.C.P.No.813 of 2020

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CA(CO) GN(01/07/2020)

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https://hcservices.ecourts.gov.in/hcservices/

Vijayaragavan v. the State Rep by

Case brief

What is this about?

What did the court decide?

Vijayaragavan v. the State Rep by

Case brief

What is this about?

What did the court decide?

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